Terms and conditions

NEWCASTLE JETS – HYUNDAI A-LEAGUE MEMBERSHIP TERMS

The completed Membership application form (Form) and these terms (including any incorporated terms) form a valid, binding and enforceable legal agreement (Agreement) between the person named on the Form (you) and the Newcastle Jets Club Pty Ltd (ABN 60 602 270 664) (Club).

By ordering a Membership of the Club you expressly agree to be bound by and comply with these terms, and all applicable laws and regulations.

1. Purchase of Membership

1.1 If you are successful in your application for Membership, the Club will send you an acceptance letter to your nominated email address confirming your Membership and Membership benefits.

1.2 Club will not:

(a)process any Form which is incomplete; or

(b)accept any changes to the Form (except for change of Mailing Address which is your responsibility).

1.3 Club reserves the right to not accept any Form in its absolute discretion.

1.4 Membership Cards will commence from September 2017. Fulfilment of your Membership Card will be dependent on when you purchased your Membership.

2. Membership Terms

2.1 Seating

Subject to availability, Members may choose their seat online at time of purchasing their Membership.

2.2 Active Support and Squadron Member Seating

In accordance with FFA’s Active Support Policy, you must hold an applicable Membership to access the reserved bay on match days.

2.3 Concession Information

Concession status applies to Pensioners holding a Centrelink Card and Full Time Students aged 16 years (at 01/01/18) and over. Appropriate Proof of Concession must be available for display on ground entry. Concession prices are not available to seniors or unemployed.

2.4 Junior Information

Junior Members must be under the age of 16 on the 1 of January 2018.

2.5 Change of Address

Members who do not advise the Jets of a change of address will be charged an additional $5 if a replacement Membership Card is required.

3.Ticket Conditions

3.1 In respect of all Tickets you receive as part of your Membership, you must comply and must ensure that each subsequent holder of any of your Tickets complies with:

(a)this Agreement;

(b)the ticketing conditions as set out on the back of the Tickets; and

(c)the rules and regulations of the venue at which a Match is played, including terms of entry and any restricted or prohibited items.

3.2 It is an essential condition of this Agreement and of the right of admission to the Match conferred on the holder of a Ticket that you and each subsequent holder of the Ticket agrees with the Club:

(a)not to resell or transfer the Ticket at a premium;

(b)not to use it for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services; and

(c)not to bundle it with other goods or services,

without the Club’s prior written consent.If this condition is breached, the Club may, in addition to any other remedy and even if the holder of the Ticket did not have notice of the condition or the breach, deny the holder admission to the Match and retain the price of the Ticket.

3.3 You must comply with FFA’s Terms of Admission (available at www.footballaustralia.com.au) and must not enter the playing enclosure of a venue at any time and, if you do, you may be fined, expelled from the venue or banned from attending further Matches and subject to legal action.

4.Renewal of Membership

4.1 The Club may automatically renew your Membership and charge your account with a new Membership fee after providing notice to you of the impending automatic renewal and giving you an opportunity to opt out of such renewal.

4.2 You will be notified by email that your Membership will be automatically renewed for the following Membership period (at the full season price for the Membership) in effect for such renewal period (unless the Club notifies you to the contrary) and at that time you will be given the opportunity to cancel your Membership by a prescribed deadline.

4.3 If you do not cancel your Membership by the prescribed deadline, then your Membership will automatically renew, and your credit or debit card on file will be charged. UNLESS YOU NOTIFY US BY THE PRESCRIBED DEADLINE SET FORTH IN OUR NOTIFICATION TO YOU OF THE IMPENDING RENEWAL THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING MEMBERSHIP, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT FURTHER NOTICE TO YOU) TO COLLECT THE APPLICABLE MEMBERSHIP FEE AND ANY TAXES USING ANY SAVED CREDIT OR DEBIT CARD INFORMATION.

4.4 At any time during the season you may contact the Club and explicitly remove yourself from automatic renewal. If you choose to opt-out during the season, your Membership will expire at the end of the season in which you subscribed.

5. Limitation of liability

5.1 Nothing in this clause 5.1 affects your rights under the Competition and Consumer Act 2010 (Cth) or similar legislation under which the Club’s liability may not be excluded, restricted or modified by private agreement (Consumer Law Rights).

5.2 If the Club is liable to you for any:

(a)breach by the Club of any express term of this Agreement;

(b)breach by the Club of any term implied into this Agreement under the general law; or

(c)any tort committed by the Club (including negligence but not including fraud),

the Club’s liability to you is limited (at the Club’s election) to the Club repaying any amounts paid by you under this Agreement or supplying or resupplying any Tickets to which you are entitled in accordance with the terms of this Agreement.

6.Cancellation, Refunds and Replacements

6.1 Once your Form is sent to the Club you cannot cancel your Membership and, without limiting clause 5, refunds and exchanges are allowed only as expressed in this Agreement.

6.2 The Club will refund the face value of the Ticket if:

(a)the Ticket is for a Match which is cancelled and cannot be rescheduled;

(b)the Hyundai A-League is cancelled; or

(c)you are entitled to a refund by virtue of the operation of Consumer Law Rights.

6.3 If a Match is rescheduled to another date or venue, you may either:

(a)obtain a refund of the face value of your Ticket; or

(b)exchange your Ticket for a ticket of the same or lower face value to the rescheduled Match,

(c)provided you contact the relevant call centre number or website, within a reasonable period of time before the rescheduled Match.

6.4 Subject to your Consumer Law Rights, you cannot exchange your Ticket and you cannot obtain a refund if:

(a)after a Match has started it is cancelled for any reason, including due to inclement weather; or

(b)the time of, or teams participating in, a Match changes after the date you purchased your Ticket.

6.5 Subject to your Consumer Law Rights:

(a)the Club is not liable to you for any loss or damage you suffer as a result of the Hyundai A-League or any Match being cancelled, postponed or changed; and

(b)the Club disclaims the existence of any common law duty of care to you and any holder of the ticket.

6.6 The Club will not replace your Ticket, if lost, stolen, forgotten, damaged, forged or unreadable.

6.7 Club reserves the right to cancel Membership at any time if, in Club’s opinion, a member engages in disruptive behaviour which is deemed prejudicial, or likely to be prejudicial, to the interests or reputation to the game, Club, FFA, or any of their sponsors. Disruptive behaviour may include any attempted or actual act or omission by a person that constitutes a breach of the Terms of Admission, Stadium Conditions of Entry or Spectator Code of Behaviour; or behaviour that jeopardises, or has the potential to jeopardise, the safety or security of a Match.

7. Privacy

7.1 The personal information that the Club collects from you is used and disclosed for the purposes set out in the Club’s Privacy Policy available at www.membership.newcastlejets.com.au, including processing your membership, the provision of football-related information and offers from the Club and the Club’s commercial partners

7.2 The Club may use third parties to collect your personal information or give them your information to help us run its business or as required by law (such as IT providers, venue operators or ticketing operators).

7.3 You may request access to your personal information that the Club holds by sending an email to Membership@newcastlejets.com.au. You can also update your Member profile online using your username and password.

8. Membership Enquiries

For all enquiries, please see the 'Frequently Asked Questions' page. Alternatively, enquires can be directed to Jets Membership Services on 02 4088 8004 or Membership@newcastlejets.com.au

9. General

9.1 The Club may choose not to enforce a term of this Agreement in some cases in its absolute discretion without affecting its right to enforce that term in other cases, including by replacing tickets (except forged tickets) if you can demonstrate proof or purchase and identity acceptable to the Club.

9.2 All dates, times, participating teams and venues of Matches are as specified at www.footballaustralia.com.au from time to time and may change without notice to you.

9.3 This Agreement:

(a)is governed by the law applicable in the state of New South Wales and each party submits to the jurisdiction of the courts of that state; and

(b)is the entire agreement between Club and you in respect of its subject matter (subject to clause 5.1) and supercedes any prior agreement, representation or promotional material.

10. Definitions

In this Agreement:

FFA means Football Federation Australia Limited (ABN 28 106 478 068), which is the national governing body of Football in Australia.

Hyundai A-League means the national club competition to be staged by FFA known as the Hyundai A-League (or a name as otherwise notified by FFA).

Mailing Address means the mailing address as nominated by you on your Form or as varied by written notification to the Club.

Matchmeans a match in the Hyundai A-League in which the Club’s team participates in at the date, time and venue and against the opposing team as specified on www.footballaustralia.com.au from time to time, but excludes the Finals Series and any other match, competition or tournament staged or sanctioned by FFA.

Ticketsmean any ticket allocations to Matches that form part of the Membership benefits.